Ukiah Costco faces another hurdle

A group calling themselves Ukiah Citizens for Safety First have filed a lawsuit against the approval of a proposed Costco store on Airport Park Boulevard.

Describing itself as dedicated to "improving traffic safety in the City of Ukiah and precluding development that will create dangerous traffic conditions on Highway 101 and its interchanges," the group argues that the project's Environmental Impact Report should not have been certified, and the planned 148,000 square-foot warehouse should not have received the necessary rezoning approval.

"Public officials of Ukiah should strive to preserve the city's unique environmental beauty, its character and quality of life, while making every effort to protect the environment to the fullest extent reasonably possible by following and enforcing (the California Environmental Quality Act) as well as the planning and zoning laws," the lawsuit, filed earlier this month, states.

The petitioners also assert that "money damages will not compensate (them) for the irreparable harm" caused by the project, which will "directly and adversely affect (their) aesthetic, environmental and economic interests."

The suit alleges that the EIR is inadequate in numerous ways related to the study of the project's traffic impacts, which the group says will "create a safety hazard."

The EIR also allegedly "fails to identify a traffic mitigation plan that includes a funding mechanism for the needed" work, and "does not properly answer public comments, (nor) address the public comments in an understandable manner."

Dozens and dozens more CEQA violations are listed in the suit, as well as several violations of the city's planning and zoning laws, including that the project is "inconsistent with the city's General Plan ... and will create a severe traffic hazard at the Talmage Road/Hwy 101 interchange ... because vehicle queues on the southbound Talmage Road off-ramp will extend onto the main line freeway ... and traffic conditions at the Talmage Road/Airport Park Boulevard intersection will be unsafe."

The group asks that approval of the project's EIR and rezoning be set aside.

City Attorney David Rapport said the lawsuit is a "writ of mandate," which means it will not go to trial, but be scheduled as a hearing before a judge.

Rapport said the city has 60 days from the filing to submit an "Administrative Record," which he said will include all documents filed and transcripts of all hearings held prior to the EIR's approval.

"It's going to be a feat," Rapport said, explaining that someone will be hired to watch and transcribe hours and hours of public comment heard at numerous meetings of both the Ukiah Planning Commission and Ukiah City Council.

Both parties will submit briefs arguing their sides, and can also present their cases to the judge during the hearing.

Justine Frederiksen can be reached at udjjf@ukiahdj.com, on Twitter @JustFrederiksen or at 468-3521.